New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-29
BROADWAY ELEVATED RAILh0AD
APPOINTMENT OF A COMMISSION.
rur METROPOLITAN TRANSIT COMPANY LAYS CLAIM
TO RIGHTS IN BROADWAY BETWEEN FORTY

THIRD AND CHAMBERS Dis" =.
Whom Governor Hoffman occupied the EXECUTIVE
o,oir a. Albany he camo out OF the Capitol one Gay
and said TO n friend: "wen, have MADE ono new
paper man happy to-day. 1 have signed swain
BILL The swaiit referred TO was tnen an hip"n!
corrcsr ondent In tho primo Of life. Yesterday NO
turned UP in the Supreme Court Chambers De-
spcctacIed gTay-haired man OF some sixty years as
witness I'm tho efforts OF tho Metropolitan Transit
Company TO secure tho appointment OIL comihisSioh-
ens "a SeormIno what sum should DO pau tno oi'y
nv tho company for tho uso Of Broadway between
Forty -thrl and Chambers sts Tho swain foao' % a..
II was known Of old, Is tho metropolitan iia,i'.'
Company OK to-day, and this company Is now ASKING
IN, tho appointment of commissioners because IL lays
claim IN rights I'm Broadway between Forty -tnird anu
Ctamhers sts What IL recently asked from the
Leglslature, 10 says, was simply an aulnoiMaei "
seek an extension of it., route down " the Da'oi'
and I'D @ KingsbIilge General NinsaVo anu 'i'
GRAY. OF Cray s. Davenport appeared for tho COM
nopv vesterday befoe Justice Donohuc, Messrs Dean
and Wickes OF tho Corporation CounseIs once, mp
r.scp,In, thu CITY, on Justice Donohu0s decisiohs
tha matte. has settled down to one pcV"eon ''0
city and tho company, to fix tho amount Vi ooinpo"
sauoi. ,- A..
thu hearing was already in special Term ana heeo
no, DO sen; elcwhcrj before special Term JUDGE
a, had boon moved by tho Corporation COUNSEL
In 4 decision gave another victory 10 NO company
General James u. swain, who has hung on to his
charter through many vicissitudes ana mas ae iaS'
secured /. sound financial backing, was eaiied Us
witness He adjusted his spectacles, took up al
old volume which proved to DO the minutes oil the
METROPOLITAN Transit Companys proceedings Ill
s7A and 1875, and identified the book. According
Ia this in 1874 william Z. Duncan was eiectea
treasurer, and Colonel Charles Harvey was APP
pointed engineer of tho company. On August ~
o,4 George Trask elected president, aud the
papers were turned over 10 the commission author
ICED 70 receive stock subscriptions. Books were
opened BY the commissioners, ana SUBSCRIPTIONS "erc
received General swan. made subscription him
self he said for ten shares.
Mr. Deal-Was any money paid mi -
Ayes, ten per cent
Justice Donohue sustained objections to the Ques-
tons whether the witness knew that others than
himself had subscribed 10 tho stock or had paid IN
Q.-Arc you the person named IN section as tne
whose plans We're embodied IN NTH the ae' Vas nv
them ami suppose am now IL was ~'
Twas tho publication Of the notice required BY
section 2 Of the meeting OF tue subscribers made
Ayes. sir 1t was published ., ,,ou, suhscrhoa1
GLOW many shares OF stock I've were th Sup'ofUod
remember, the whole amount was subscribed -,s
Do you know what was PAD by the Counis-
soner. for expenses incurred before the subscriptions
General wngate-I object.
Justice DonOhuo- sustained. - - -,
Q-What do you know Of any actual work done
by the corporation ,
Mir. omy-I object as immateraL
Justice Donohue-I exclude It, ,..,o. a..
Metropolitan Transit company has always intended IN
good iaith to build Its roadf
Mr. Dean-i object . - A., ...
General Wingate-We offer 10 prove this. .
Justice DonOhuo-For tho present oxciuue ~.
colonel Charles 7. Harvey another Oh the oIu iapa
marks OF the company, was the next wIIaeSs' Ito
"i was formerly one Of the directors of tho Metro
politan Transit Company and one OF Its Executive
authorized to call tho Controller in that year re-
gardng the amount to be paid the city for the 1se
was then Controller. We called him. He stated
that no should make tho demand for T3,oOo.Ooo 4
told him that the company would CONSIDER the sum
courts lilo said: Very well. shall meet you In
Mr. Dean-Tho routes you then presented were not
ON General Wngatc's call, Mr.. Mickes produced
letter sent the Controller by the company In NOV
enber 1886, with reference TO the application Tor
the city 10 fix the sum to DO PAID Tor the use Oh inc
This was admitted in evidence despite Mr.. wickes's
objection that 1t was immaterial The letter had been
sent TO the Board Of Aldermen by the Controller, and
that body had decided that IL was not advisable Tor
10 to take action.
General Wngato had to call Mr.. wickes to order to
lapse OF memory. Ho could not even swear how he
came into possession OF the paper but he finally al
mittel that the Endorsement looked like that Oh Cicr
Twomey OF the Board Of Aldermen. The answers OF
the Assistant Corporation Counsel were such that
General Wngate remarked under his voice. wen,
that Is peculiar piece OF business 70 have 10 can
tho Assistant Corporation Counsei 10 prove paper
General Wingao then stated that with tho exception
company, who would swear that tho company In
tended in good faith to build the road, tho company
rested ., =, -. .
The matter Was adjourned until Monday next at
p. m